Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Sample Letter Of Request For Change Of Venue With Family In Los Angeles
Category:
State:
Multi-State
County:
Los Angeles
Control #:
US-0032LTR
Format:
Word;
Rich Text
Instant download
Description
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FAQ
An application for a change of venue must be filed at least 10 days before the date set for trial.
A defendant may challenge venue by writing to the court. The defendant is not required to personally appear at the hearing on the venue challenge. If the court denies the challenge and the defendant is not present, the hearing must be continued to another appropriate date.
To transfer the case, you must file a motion for a change of venue (request for order) with the court where your case is currently filed. The court will then consider your motion along with your supporting declaration.
Brief Synopsis: A motion to transfer a state court case from one courthouse to another, often in another county, is based upon an argument that a “fair and impartial trial cannot be held in the county” usually due to news coverage and/or the popularity and prominence of the defendant.
The parties must file the motion with the court in which the family law case was originally filed. Then, the court will set a hearing date. Finally, the motion will need to be served on the other party so they can file a response if they do not agree with the request.
Motions to transfer venue may be brought on the grounds that the action was filed in the wrong court, or that the convenience of the witnesses and the ends of justice would be promoted by the change in venue. CCP § 396b; CCP § 397(c). If venue is improper, a court must grant an "improper court" motion.
A change of venue is the legal term for moving a trial to a new location.
Usually, venue is in the county where: The person you are suing lives or does business (if you are suing a business or organization); or. The dispute arose, like where an accident happened, or where a contract was entered into or broken.
In a criminal action pending in the superior court, the court shall order a change of venue: (a) On motion of the defendant, to another county when it appears that there is a reasonable likelihood that a fair and impartial trial cannot be had in the county.
